Each year in the United States, thousands of preventable injuries and deaths result from nursing home injuries and neglect. Abuse or negligence in assisted care facilities such as Diversicare can take many forms, but the outcomes are typically the same: patients have delayed diagnoses, suffer from bedsores, infections, and are at high risk for fall-related injuries.
Nursing home patients may suffer from overmedicating, malnutrition, dehydration, weight loss, and often fracture frail bones from slip and fall accidents. Some estimates note that nursing home residents fall at twice the rate of other elderly populations.
Many patients are prone to injury and illness, and health care facilities like Diversicare have a responsibility to assist residents and do everything possible to prevent serious falls, infections and premature deaths. Nursing homes may be liable for improper care and claims may be filed if patient neglect can be documented and proven.
Joe Lyon is a highly-rated personal injury attorney with experience in injuries and deaths due to nursing home neglect. Mr. Lyon has represented plaintiffs nationwide in a wide variety of medical negligence, wrongful death and injury claims.
As the baby boomer generation ages, many families find themselves placing loved ones in the hands of nursing home staff and physicians. The nursing homes are pitched with flashy marketing materials and carry names that are meant to inspire a sense of comfort.
Yet, contrary to the representations and promises of providing a safe and healthy environment, many facilities have been investigated for falling below the appropriate medical standard of care, and for providing environments that are unclean and unfit for dignified end-of-life care.
In many cases, poor care is due to understaffing. Understaffing places more profits in the hands of the owners of the nursing home but sacrifices the quality of patient care, as there are fewer nurses and staff to provide timely and comprehensive care.
In addition, many elderly nursing home residents have limitations communicating, and the neglect and abuse may continue for long periods of time without detection.
Too often families only learn after a physical injury appears that their loved has been suffering due to poor health care and promises of quality care have been broken. Such neglect, and at times financial fraud, can leave the patient in failing health and the family feeling guilty for the placement and lack of oversight.
An experienced nursing home injury lawyer can offer the patient and family the opportunity to gain more information, answer questions, and provide adequate compensation to the patient and family that the nursing home has been unwilling to provide outside of the court system.
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ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Though older populations are vulnerable to many diseases, these common nursing home injuries are often preventable, and may be evidence of negligence or abuse:
Over a million Americans live in nursing homes and experience an average of 2 million infections a year. Infections in elderly patients are associated with high rates of morbidity, hospitalization, extended hospital stays and high healthcare expenses.
Creating more issues in infection control are the overuse of antibiotics, and an older population. The most common infections seen in nursing home patients include:
Bedsores are ulcers caused by a number of factors, including when immobile residents are not being turned appropriately. Bed sores vary in severity, but if left untreated they can reach the muscle, bone or tendon. The elderly have a high risk of developing bed sores due to thin skin, malnutrition, and poor circulation.
If you believe a loved one’s injury at a nursing home, there may be tell-tale signs that can indicate abuse or neglect. Some common signs of nursing home injuries caused by abuse and neglect include:
There are many other warning signs that indicate common nursing home injuries that result from neglect or abuse. If a loved one suffers injuries requiring emergency medical treatment or is frequently ill, there may be cause for an investigation. Also, if you notice a patient is suddenly sedated without an explanation, this could be a sign of overmedicating.
When accidents occur and nursing home residents are not protected, The Lyon Firm can determine the cause of patient’s damages. Liability must be established, and records may show an unacceptable standard of care. If it is determined that a fatal infection or injury was preventable, and nursing home staff were negligent, the family of a victim may have a successful claim.
The Nursing Home Reform Act established in 1987 lists the basic rights for nursing home residents. Nursing home patients have a right to the following:
Nursing homes and assisted care facilities are required to adhere to these rights.
When nursing home staff fails to follow federal regulations, fails to follow safe procedures, and fails to protect patients, they may be held responsible for their negligence.
The transition into a nursing home is difficult for both patients and their families. It is a sacrifice, and residents rely heavily on the compassion and competence of nursing home staff and management to provide the best care possible. When nursing homes fail to provide the professional care they promise, and injuries and deaths result, they may be held accountable by Ohio law.
Nursing home neglect has been a serious issue for decades now, and the management of facilities must be held accountable when instances of negligence affect your family.
If an Ohio nursing home fails to provide the professional care they have advertised, and patient injuries and deaths result, the companies may be held responsible in Ohio courts. Large settlements have resulted from the families of victims filing injury claims against Diversicare, Genesis, ManorCare and Laurel homes.
Nursing home neglect injuries may result from understaffing, underqualified staff, bad management and poor communication. Abuse and neglect can result in dangerous bedsores and other serious infections. Common types of nursing home abuse may include:
The U.S. Centers for Disease Control and Prevention (CDC) estimates approximately 1,800 nursing home residents die from dangerous falls each year. Residents who survive falls may sustain hip or head injuries which can lead to permanent disabilities.
Because of the new surroundings and staff neglect, many newly admitted nursing home residents will suffer a fall shortly after their arrival. Understaffing is a big factor in these injuries, and the management of nursing homes have a responsibility to prevent falls and accidents.
Bedsores, also known as pressure sores, pressure ulcers, and skin lesions can be very painful and lead to more serious health problems if not treated promptly. Nursing home staff are well aware that patients confined to beds need to be turned regularly to reduce the risk of developing ulcers. However, when nursing homes are understaffed or fail to properly attend to residents, patients suffer the consequences.
Bedsores, also called decubitus ulcers, are injuries to skin and underlying tissue from prolonged skin pressure. Bedsores commonly develop on bony areas of the body, such as the heels, ankles, hips and tailbone. Common Contributing Factors for Bedsores:
People most at risk of bedsores have medical conditions that limit their ability to change positions on their own. Bedsores can develop quickly. Most sores heal with treatment, but some are more severe and lead to serious drug resistant infections. Other signs of nursing abuse include:
Bedsores are categorized into four stages, based on their depth, severity and other characteristics. They include:
A bedsore can advance quickly when patients do not receive proper treatment and care in a nursing home or assisted living center. There are various factors associated with developing bedsores, though most involve neglect, understaffing, overmedicating, a lack of nutritional care and patient immobility.
Nursing homes tend to settle out of court when accidents and wrongful deaths occur, and you may seek legal counsel to guide you through the legal process.
The elderly population in nursing homes and assisted living facilities frequently suffer injuries like bedsores due to understaffing and neglect. Some underlying issues that lead to dangerous skin ulcers include improper medication, a lack of supervision, malnutrition, inadequate wound care, and a delay in sending patients to medical centers and hospitals. These severe injuries are almost always preventable, and nursing homes have a duty to ensure that residents are kept safe and as healthy as possible. Nursing home neglect may lead to severe infection, amputations, and death.
Good quality care in nursing homes includes evaluating medical quality, nurse staff levels, sanitary conditions, and health inspection reports. Overall staffing appears to be a huge factor in the level of care provided. Residents need continual attention and reports aim to monitor the average hours a day a patient receives care from registered nurses, licensed practical nurses, licensed vocational nurses and certified nurse assistants.
In recent years, several nursing homes have faced personal injury claims for failing to protect residents.
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